Revolutionary War Pension and Bounty Land Warrant Application File S. 10568, Philip Dinturff, Penn

SERVICE
NUMBER
Penn
Dinturff, Philip
S 10568
CONTENTS
banded

20682 New York
Philip Dinterhoff
Yates in the State of New York who was a Private in the Comp commanded by Captain Bellin of the Regt. commanded by Col. Harlay in the Penna line for 8 Mos.
Inscribed on the Roll of New York at the rate of 26 Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of Sep. 1831 and to M rs B. Dinterhoff Rushville
Arrears to the 14th of Sep. 31 $ 66 66 Semi-ann. allowance ending Apr 24 13 33 $ 79 99
{ Revolutionary Claim, about June 7, 1832. }
Recorded by G. O. Allen Clerk, Book E. Vol. 1. Page 95.

Philip Dinterff Declaration
adm
8mo per
$26.66
E. Louis Agent Rushville NY
(Clergyman)

State of New York } Yates County ss. }
On the twenty eighth day of September in the year eighteen hundred and thirty two, personally appeared in open court before the judges of the Court of Common Pleas, now sitting, Philip Dinturff a resident of the town of Middlesex in the County of Yates aforesaid, aged seventy nine years who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7. th 1832
That he entered the service of the United States under the following named officers, and served as herein stated,
In the month of May 1777 he was drafted at Loxe, town near Harrisburgh in Pennsylvania to serve as a soldier for the term of two months, under Capt. James Collier, & Lieut George Cochrane, and was immediately marched up the north Branch of the Susquehanna River, about fourteen miles above Sunbury in the said State, where the said Company under Capt. Collier as aforesaid was stationed to guard the frontier settlements from the incursions of Indians and Tories. He served at such station as a soldier of the said company till the expiration of the said term of two months when he was dismissed and returned to Paxton in Lancaster County in Pennsylvania where he then resided
In the month of May of the following year (1778) he was hired as a substitute for John Simpson who had been drafted from the Militia, to serve as as a soldier under Capt. Collier aforesaid, and marched forthwith up the West Branch of the Susquehanna River to a place about twelve miles below Lycoming where the said company was employed two months in building a fortification, under the direction of Col. Hartley, who was said to be a Continental Officer. The said Fortification was called Fort Muncie

He served as a soldier on such occasion two months when he was again dismissed Immediately after his return to Paxton aforesaid intelligence was received that the Indians had destroyed Freeland Fort and killed about thirty persons upon which the Militia were again ordered into service to protect the frontier up the River. He immediately hired himself as a substitute for John Walfield to serve two months in a Company commanded by Lieut. James Brady. The Captain of the Company whose name deponent cannot recollect was taken sick at Newbury and never joined his company while in service. and the said Company was under Lieut. Brady as aforesaid during the said service. The said Company was marched to Fort Mensee aforesaid, and was there stationed two months. During the said term deponent was almost constantly engaged in scouting in search of the Enemy. On one occasion deponent and ten others under Lieut. Brady pursued a party of fourteen Indians, for three days successively without any other food than a single biscuit. The Indians succeeded in escaping, having discovered the pursuing party. While the said party were so engaged Peter Bowl, a soldier of the said Company was shot, severely wounded, and scalped by the Indians. He was conveyed to the Fort, and finally recovered and as this deponent has understood and believes was placed on the Pension Roll and drew a pension eight years previous to his death After serving as a soldier as aforesaid two months under Lieut. Brady deponent was again dismissed In the year 1778 deponent again engaged as a substitute, and marched to Newbury where deponent and the company in which he marched was dismissed having been in service but four days. No further call was made during that year it being understood that the attention of the Indians was taken up

by Gen. Sullivan's Expedition against them.
In the year 1781. deponent was drafted, and Marched from Coxe's town in a Company of Militia under the Command of Lieut Joseph Smith to Lancaster where the said company was attached to a Regiment commanded by Col. Robt. and marched to a place called Crops Road fifteen miles from Philadelphia. from thence to within two and a half miles of Newport on Delaware River, where the said Regiment was stationed near three weeks. after which the deponent and the company to which he belonged was marched to Reading and there dismissed having served as a soldier in the said company about two months.
The said deponent further saith
1 st . That he was born on board a vessel on its passage from Germany to Philadelphia on the 8 th day of October 1752. 2 nd That he has no record of his age but has always understood and believed it to be as above stated. 3 rd That he lived at Paxton then in the County of Lancaster in the state of Pennsylvania when called into service as aforesaid when he continued to reside till the year 1800. when he removed to the town of Middlesex in the county now of Yates and state of New York where he has since resided and now resides. 4 th That he was first drafted and served two months secondly was a substitute for John Simpson and served two months thirdly was a substitute for John Hatfield and served two months fourthly was drafted and served two months. 5. That he recollects Col. Hartley, Capt. Robinson and Lieut. Sweeney, at Fort Muncie, aforesaid and understood that they were Continental Officers. 6. That he never received any written discharge from service but was dismissed by his commanding officers.

7.
That Michael Pearce and Jonathan Latham are persons to whom he is known in his present neighborhood and who can as he believes testify as to his character for veracity and their belief of his services as a soldier of the revolution
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Witness Chester Soomes
Subscription and
Philip his Dinturff
Sworn the day & year aforesaid mark
Thomas J. Morris
Deputy Clerk
We Michael Pearce and Jonathan Latham residing in the town of Middlesex in the County of Yates and State of New York hereby certify that we are well acquainted with Philip Dinturff who has subscribed and sworn to the above declaration, that we believe him to be seventy nine years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion. We also certify that through the whole period of our acquaintance with him he has sustained a fair reputation for truth and veracity.
Michael Pearce
Jonathan Latham
Subscription and
Sworn the day and year
aforesaid Thomas J. Morris
Deputy Clerk

Certificate of the court - And the said court do hereby declare their opinion after the investigation of the matter and after perusing the interrogatories presented by the war department that the above named applicant Philip Dintuff was a Revolution- ary Soldier and served as he states and the court further certifies that it appears to them that Michael Prance and Jonathan Lathams ————— who signed the above certificate are residents in the town of Middlesex in the county of Yates and are credible persons and that their statements are entitled to credit - By order of the court Thomas J. Nevins Dep. Clerk
Certificate of the clerk - I Thomas J. Nevins Deputy Clerk of the court of common pleas in & for the county of Yates do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Philip Dintuff for a pension - In testimony whereof I have here- unto set my hand and seal of office this twenty eighth day of September in the year of our Lord one thousand eight hundred and thirty two - Thomas J. Nevins Deputy Clerk

State of New York Yates County ss.
Personally appeared before me the undersigned a Justice of the Peace of the County of Yates aforesaid, Philip Dinturff who being duly sworn according to law, deponeth and saith that by reason of old age and consequent loss of memory he cannot swear positively as to the precise length of his service as a soldier of the revolution, but that according to the best of his recollection he served not less than Eight months as a private soldier, as stated in his said declaration here- annexed. The said deponent further saith that the reason that the evidence of a clergyman as to his character for truth and veracity, and the belief and report in the neighborhood where he resides, that he was a soldier of the revolution, was not obtained, is that no clergyman whatever, with whom he is acquainted, resides, in the same neighborhood with the said deponent. And the said deponent further saith that he knows no clergyman whose testimony he can procure, who resides within thirty miles of the said deponent. And further the said deponent saith not.
Sworn and subscribed to  Philip his Dinturff The 30 th day of May 1833 -  mark. before me William Barrett Justice of the Peace
Philip Dinturff Declaration
1989.3
E. Loonis, Agent Rushville N.Y.
Clergyman

State of New York County of Yates
I George Shearman clerk of said county Do. hereby certify that William Bassett Esquire before whom the foregoing Affidavit of Philip Dinturff bearing date the 30 th day of May 1833. purports to have been sworn was at the time an acting Jus- tice of the Peace in and for said County sworn and duly authorised by law to act as such. And that I am well acquainted with the hand writing of the said Justice and verily believe his signature to the said Affidavit subscribed to be genuine. In testimony whereof I have hereunto set my hand and affixed the Seal of said County and of the Court of Common Pleas thereof at Penn Yan this 10 th day of June 1833.
Geo. Shearman By R. M. Smith Dep. Clerk
the said fortification was called Fort Muncie

No 19893 Philip Dinturff N.Y.
aoma
6 am
8
C. Sormus Rushville N.Y.

WAR DEPARTMENT,
Pension Office,
May 20.
1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Philip Gintuff Yates Esq
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1777 May Drafted 3 Priv Capt Collier Cols None Penn Nyco 79. Traditionary   1778 May Subst 3 " Collier Hartley " Pa. Leicester County Pa.   Subst 3 " St Brady Indian Skirmish Pa.   1779 Subst 4 " Pa.   1781 Drafted about 2 St Smith Col  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [c] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Dyer Austin Clerk

10568
Philip Dintenoff
Sept 28, 1882 - 79
Childless N.Y.
may 77 Paxton Pa.
Cpr Jas Collins
Cal
prt - 2 m
may 78 Cpr ss
Cal Hartley
prt 2 m
78- St. Brudz
al -
prt 2 m
81 St Smith
al Russ
prt 2 m
Born at Son Oct 6, 175-2 on passage from Germany to America
✓

SWTH SCL
Commissioner Lewis,
Dear Sir, -
Will you kindly give me the records of services of Philip Dintuff during the Revolutionary War ? He was a member of Capt. Jas. Murray's Company of Lancaster Co. Penna, and

lucious a fusion, during his life, of the sum of $8,000.
I am sincerely,
(Miss) Belle Livingston, 324 So. 26 th St., Omaha, Nebr.

Rev has
10568
INVALID.
Oct. 28, 1901. Miss Belle Dinturff Omaha Neb.
File No. 10,568
Philip Dinturff Prior Boer War
Act: June 7 th 1832
Index:—Vol. 9 , Page 97
[Arrangement of 1870.]